HHR Bankruptcy Report

Category Archives: Creditors’ Rights

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Time-Barred Bankruptcy Proofs of Claim Violate FDCPA: Supreme Court Grants Certiorari to Eleventh Circuit Case Johnson v. Midland Funding, LLC

Posted in Bankruptcy Claims, Creditors' Rights, Eleventh Circuit, FDCPA, SCOTUS
On October 11, 2016, the United States Supreme Court granted certiorari to a debt collection agency in its appeal from the Eleventh Circuit case Johnson v. Midland Funding, LLC.[1] In Johnson, the Eleventh Circuit affirmed its decision in Crawford v. LVNV Funding, LLC,[2] which held that a debt collector violates the Fair Debt Collection Practices… Continue Reading

Delaware Court Clarifies Creditor-Derivative Standing And Directors’ Fiduciary Duties To An Insolvent Corporation And Its Creditors

Posted in Creditors' Rights, Delaware, Fiduciary Duty, Structured Finance
In what may become a precedential analysis of the cardinal principles of Delaware corporate and bankruptcy law, the Delaware Court of Chancery recently issued a decision in Quadrant Structured Products Co., Ltd. v. Vertin, extensively discussing the rights of an insolvent company’s creditors to pursue derivative claims against the company’s directors and provided guidance to… Continue Reading